Opinion: Dear Hon. Sam George, What is the difference between our existing laws and the laws contained in the anti-LGBT law?

Religious Human Rights Abuse under Christianity found in the Old Testament which is Unconstitutional based on the Constitution of Ghana and Unchristian based on the New Testament:

● Daughters of priests or pastors who fornicates must be burnt – Leviticus 21:9

● Divorced women cannot marry a priest or a pastor – Leviticus 21:7

● Adulterers must be put to death – Leviticus 20:10, Deuteronomy 22:22 – 24

● Rapists must be put to death – Deuteronomy 22:25 – 27

● Fornicators must be put to death – Deuteronomy 22:23 – 24

● Sexual abuse of slaves is encouraged – Leviticus 19:20 – 22

● Unisex wear or crossdressing is not accepted – Deuteronomy 22:5

● Thieves can be put to death – Exodus 22:2

● Wizards and witches must be put to death – Exodus 22:18, Leviticus 20:27

● Rebellious children must be put to death because rebelliousness is like witchcraft and stubbornness is as iniquity and idolatry therefore suffer not a witch live, therefore rebellious and stubborn children must be put to death – Exodus 21:15 &17, Leviticus 20:9, Deuteronomy 21:18 – 21, 1 Samuel 15:23

● Enslaving people and other nations and the abuse of slaves are justified – Exodus, 21:20 – 21, Exodus 21:27 – 27, Exodus 22:3, Leviticus 25:44

● Any eye for an eye and tooth for a tooth – Exodus 21:23 – 25

● Kidnappers must be put to death – Exodus 21:16

● Homosexuals must be put to death – Leviticus 20:13

This law did not bring the holiness Moses required from the Israelites and it did not build a holy nation for the Israelites rather due to the harshness of the law an entire generation was wiped out through the death penalties imposed by the law of Moses and having done all this, Moses himself was also not allowed to enter the promised land (Numbers 32:13 15), but did the generation that entered the promised land lived righteously or they still continued in the sins of their fathers?

Jesus, after growing up in a different civilization which was in Egypt, saw the teachings and the laws of the Jews as unfair and unjust when he returned to Judah, his native home.

He saw that the rich in society went unpunished and the poor were put to death together with other minority groups like prostitutes.

At age 12, he was seen with the teachers of the law and his discussions were marvelous to them. He stood against the unfairness of the law by setting the adulterous woman free and gave a parable of a lost sheep, the lost son and the lost coin which is the responsibility of every Christian towards any unbeliever.

He said a good shepherd must lay down his life for the sheep and therefore he took the place of Barabbas and allowed himself to be judged according to the laws of Moses and was made a curse for everyone so that he will become an end to the law (Romans 10:4 – 6).

Now, why is the church building prisons and sponsoring Bills of Parliament requesting for laws that will put sinners in jail forgetting that the law and jail cannot set the sinner free but if Christ shall set them free they shall be free indeed just like in the case of Barabbas.

Christ has set an example for all Christian religious leaders to look for the lost sheep, the lost coin, the lost son and even die for them if it be necessary.

The answers he gave when asked about the law of Moses can be found in Matthew 5:38 – 48 and he gave the parable of the wheat and tares that both should be allowed to grow together. Therefore, it is not right for Christians to persecute unbelievers.

The lawmakers or parliamentarians are humans and the Bible says that let no one put their trust in men because men can fail them. Since this law was made by men, there can be another generation of men who can come and abolish the law.

Many traditional laws and Acts of Parliament have been abolished by generations that saw them as outmoded and not in conformity with their time and that was why the Bible asked the Church not to put their trust in men but I am shocked seeing how the church is rather calling for laws that are made by men and not on their God to save unbelievers.

Religion and Law are two different things altogether. Religious offences are termed as sin and legal offences are termed as crimes. What religion may find as sinful will not be a crime in the law and what may not be seen as a crime may be termed as sinful under religious beliefs.

Fornication is never a crime based on consent under the law but fornication is a sin even if it is by consent under religious beliefs, meaning that lawmaking and religion does not go together and so I wish to advice our religious organizations to leave the process of lawmaking to the lawmakers because we cannot make law based on religious perceptions and emotions.

Our Existing Laws:-

The Criminal Code:
Chapter 5 & 6 of PART II under the Criminal Code, 1960 (Act 29) deals with child protection under Section 89 – Section 111 which protects children from abduction, child – stealing, child prostitution, defilement by pedophiles and criminalizes bestiality, protects the mentally challenged from sexual abuse and protects every citizen against unnatural carnal knowledge, rape and kidnapping meanwhile Section 277 & Section 278 is against the keeping of brothels and any act which can be termed as gross indecency in public.

The Marriage Act and the Constitution of Ghana:
Although the Marriage Act uses the term ‘parties’, the Constitution of Ghana under Article 7 (1) states that, ‘A woman married to a man who is a citizen of Ghana or a man married to woman…’ Therefore, our constitution is clear that marriage can only be between a man and a woman which clarifies the term ‘parties’ under the Marriage Act (Cap 127), 1884 – 1985.

Now what is the purpose of this anti-LGBT Law which are excerpts or portions of the Criminal Code put together and given a different name. Is it the name given to it that makes it unique from the existing laws because there is nothing contained in this new anti-LGBT law which is not in our existing laws under the Criminal Code, 1960.

The law also targets a group of people which is unfair in the process of lawmaking. In the process of lawmaking individuals and groups must not be targeted by the law like the mentioning of ‘LGBT’. Laws must be applicable to everyone and not just for a particular group of persons and that is one of the elements of lawmaking which makes a law to be seen as fair or just. Therefore, most laws use this phrase ‘Any person…’ or ‘All persons…’ which makes it applicable to everyone and I hope you will look at all the things I have mentioned here and give me some good reason in your reply but please do not use emotions to respond to my questions because nowadays you do not want to accept the views of others pertaining to this matter.

Constitutional Provisions:

The anti-LGBT law impedes media freedom and individual reasoning under Article 21 (1) (a) and Article 21 (1) (b) which states that ‘All persons shall have the right to freedom of speech and expression, which shall include freedom of the press and other media’ and ‘All persons shall have the right to freedom of thought, conscience and belief, which shall include academic freedom’.
Therefore, the anti-LGBT law prevents the media and scholars from publishing articles and producing documentaries which may be their expressed views or opinions about the LGBT Community thus will have an effect on academic freedom as stated under Article 21 (1) (b) by discouraging academicians or researchers to carryout academic research concerning the LGBT Community which impedes the freedom of thought, conscience and beliefs of all citizens to express their opinions about the LGBT community and having effect on the right to information and education under Article 21 (1)(f) of the constitution.

Article 17 (4) (d) states that ‘Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide for making different provision for different communities having regard to their special circumstances not being provision which is inconsistent with the spirit of this Constitution’.

This shows that the framers of the constitution perceived different communities which must be protected by the constitution based on their special needs, requiring parliament to enact laws that are reasonably necessary to address their special circumstances in the spirit of the constitution.

The spirit of the constitution are the protection of the fundamental human rights and freedoms and that can be found under Article 33 (5) which states that, ‘The rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in democracy and intended to secure the freedom and dignity of man’.

Ghana is now a very polarized country with business expatriates and their families living on one side of the city and having their own schools and raising their children according to how they wish to groom them in their schools and having their own education curriculums.

They also have their freedom of worship and to promote any culture under Article 26 (1) of the constitution which states that ‘Every person is entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this Constitution’.

What will happen to crossdressers or metrosexual men who wish to practice their type of fashion, profess that fashion culture, maintain and promote that culture?

The Ghanaian society has become very polarized after our independence as a nation and many traditional communities of our country profess different cultures which varies from community to community just like a research work by Italo Signorini which speaks of polyamorous relationships which exists in some Ghanaian cultures like that of the Nzema people in the Western Region.

Therefore, there is a reason for new considerations in making laws that will recognize the existence of other cultures in our society which resides in Article 17 (4) (d) states that ‘Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide for making different provision for different communities having regard to their special circumstances not being provision which is inconsistent with the spirit of this Constitution’.

Article 17 (1) and 17 (2) states that ‘All persons shall be equal before the law’ and ‘A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status’.

Section 3 and Section 5 of the anti-LGBT law will likely lead to dehumanizing or injurious customary practices which can affect the physical and mental well – being of a person which is prohibited under Article 26 (2) of the constitution which states that ‘All customary practices which dehumanize or are injurious to the physical and mental well – being of a person are prohibited’.

Will Section 5 of the ant-LGBT law not infringe on the rights to privacy of others as stated under Article 18 (2) which states that, ‘No person shall be subjected to interference with the privacy of his home, property, correspondence or communication except in accordance with law and as may be necessary in a free and democratic society for public safety or economic well – being of the country, for the prevention of disorder or crime or for the protection of the rights or freedom of others?’

Article 40 of the constitution states that, ‘Government shall seek the establishment of a just and equitable international economic and social order and shall promote respect for international law, treaty obligations and the settlement of international disputes by peaceful means and shall adhere to the principles and treaties of the UN Charter, AU Charter, the Commonwealth, the ECOWAS Treaty and any other international organization of which Ghana is a member’.

Ghana has signed many Human Rights Treaties under the UN and was recently elected to the UN Human Rights Council; therefore, Ghana is bound by the Human Rights Treaties of the UN.

Will Ghana face strict international sanctions if the President assents the anti-LGBT law?
How will a country facing a serious economic crisis like Ghana manage itself if strict international sanctions are imposed on the country?

And now what will be the legal action against foreign embassies or foreign missions that provide services for LGBT persons?

And what will be the legal action to be taken against foreigners from United Kingdom, France, Germany, Australia, New Zealand, South Africa or any EU country which promotes LGBT rights and freedoms or any North American who visits Ghana and wish to profess and maintain their LGBT identity based on Article 17 (2) and Article 26 (1) of the constitution?

Will restrictions be imposed on LGBT persons from other countries who wish to visit Ghana?
Article 21 (1) (e) of the constitution grants that ‘All persons shall have the right to freedom of association, which shall include freedom to form or join trade unions or other associations, national or international, for the protection of their interest’ which is in the spirit of the constitution as stated under Article 33 (5), that no one should be excluded from enjoying such rights and freedoms under the constitution.

Now, can people form organizations or hold meetings to discuss LGBT issues just like other people meet to discuss other matters of national interest?

Can people or groups use rainbow colours or rainbow flags during their meetings?

What if it is a climate change movement group, a Christian faith-based organization or a sports club like Accra Hearts of Oak which uses rainbow colours based on the meaning they ascribe to the rainbow or a rainbow symbol?

And what happens if a person dresses in rainbow colours or wears a rainbow designed shirt?

Should preschools use rainbow colours in teaching children about colours or art and science?

Can LGBT groups take part in processions and demonstrations which happens to be their fundamental human right and freedom as citizens of Ghana under Article 21 (1) (d) which states that, ‘All persons shall have the right to freedom of assembly including freedom to take part in processions and demonstration’ which is in the spirit of the constitution that no one should be excluded in enjoying this right?

Will restrictions on their freedom of assembly which includes freedom to take part in processions and demonstration as citizens of Ghana not affect their freedom of movement under Article 21 (1) (g) which states that, ‘All persons shall have the right to freedom of movement which means the right to move freely in Ghana, the right to leave and enter Ghana and immunity from expulsion from Ghana?’

Can any person acquire a property either alone or in association with others as stated under Article 18 (1) to offer welfare services to LGBT persons based on their duties to others as citizens of Ghana under Article 41 (c), 41 (d) and 41 (g) which states that, ‘The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen to foster national unity and live in harmony with others; to respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons and to contribute to the well-being of the community where that citizen lives?’

Don’t you think Section 22 (3) of the anti-LGBT law violates the rights of individuals under Article 15 (2) (b) which states that, ‘No persons shall, whether or not he is arrested, restricted or retained, be subjected to any other condition that detracts or is likely to detract from his dignity and worth as a human being’ and which is also in contravention to Article 21 (4) (e) which also states that, ‘Nothing in, or done under the authority of, a law shall be held to be inconsistent with, or in contravention of, this article to the extent that the law in question makes provision that is reasonably required for the purpose of safeguarding the people of Ghana against the teaching or encourages disrespect for the nationhood of Ghana, the national symbol and emblems, or incites hatred against other members of the community except so far as that provision or, as the case may be, the thing done under the authority of that law is shown not to be reasonably justifiable in terms of the spirit of this Constitution.’ Since Section 22 (3) of the anti-LGBT law subjects convicted persons to conditions that detracts or is likely to detract from their dignity and worth as a human being and incites hatred against other members of the community which is not reasonably justifiable in terms of the spirit of our Constitution.

Section 20 and Section 23 of the anti-LGBT law deals with medical treatment for people who identify themselves based on any of the LGBT orientations and I wish to know whether Section 167 of the Public Health Act (Act 851), 2012 was taken into consideration?

Since a mentally competent adult has the legal right to refuse medical treatment even if it causes them serious illness or death. This is sometimes the case with a terminal illness in which a person will opt for a higher quality of life over a longer quantity of life.

In the end, no one can force another person to undergo any procedure unless they are deemed mentally incompetent in a court of law or pose a threat to the community if left untreated (such as having Ebola or COVID).

Once ‘informed consent’ is given and a person fully understands the benefits, risks, and alternatives to treatment, they have the right to choose any option they want, including no treatment or to refuse treatment.

Please respond to my letter via email if you find it anywhere. Thanks.

Your fellow citizen,

augustine.addo@outlook.com